Legal Studies 2016 Exam - Answer Checker

[Glasses]

Hi all!
Seeing as a lot of people will probably be stressing about whether their answer to question x was correct, or whether they stuffed up with question y, I figured it would be worth creating an 'answer check' topic, where you guys can post your answers to one or more of the 2016 Exam Questions (2016 LEGAL STUDIES EXAM QUESTIONS), and I'll provide you with some feedback and possibly a mark (with a justification) regarding said answer(s) (hopefully within at least 24 hours).

Everyone is more than welcome to post their answers, and even if you can't remember your entire answer, and/or just want to give an idea regarding what you wrote about, I'm happy to let you know my thoughts on that approach/answer.

Disclaimer

PLEASE NOTE: All feedback provided is purely my opinion, and with a subject such as Legal Studies, there will of course be many different acceptable answers to the various questions; so for the love of God, please do not assume that what I say is Gospel or 100% correct.

[carlton_99]

For the implied rights six marker  I said 2 S/W, My first was the fact that the High court can increase implied rights which is an easier way to add new rights compared to referendum etc. The weakness for this was that the High Court can only find more if a case with standing comes to the court. Second strength and weakness was the fact that high court judges are experts in the constitution and know how best to derive meaning and find implied rights. The weakness being it is not explicitly written in the constitution and thus for a person to be aware of their implied rights they have to decipher past judgements. What do you think?

[Glasses]

For the implied rights six marker  I said 2 S/W, My first was the fact that the High court can increase implied rights which is an easier way to add new rights compared to referendum etc. The weakness for this was that the High Court can only find more if a case with standing comes to the court. Second strength and weakness was the fact that high court judges are experts in the constitution and know how best to derive meaning and find implied rights. The weakness being it is not explicitly written in the constitution and thus for a person to be aware of their implied rights they have to decipher past judgements. What do you think?

That seems pretty solid, and I think a fair few people struggled a bit with this question. Depending on how the assessors go about marking this question, they may not like your focus on the High Court - but I guess there is a link between the High Court and implied rights, so it's not 'bad' by any means; they might just prefer a stronger emphasis on evaluating the nature and use of implied rights, without such a strong focus on the role of the High Court when it comes to implied rights. Did you provide a statement identifying the extent to which you believed implied rights protected the rights of Australians? I'll also mention that your last weakness is great, as it shows that you understand the nature of implied rights, and their presence in the Constitution.

Assuming you provided a statement of the extent to which you believe implied rights protect Australians, I'd say your looking at a 4-5 out of 6. (Although this will depend on many factors, and I'd assume this question will be globally marked).

[willjacksonmartin]

hi! nervous moment during the exam and decided against evaluating with this question  how do you think this answer with fare marks wise?
 b) Discuss the law-making role of the Commonwealth Parliament. 5 marks.

 Parliament is the supreme law-making body designed for the very purpose of making legislation.
As such, it has developed a specialised process to create and consider laws.
This process is quite intricate, involving three readings, a consideration-in-detail or committee stage, and debate – all of which allow for the discussion of differing perspectives. Both the Victorian and Commonwealth parliament require that this process occur twice (once in both the upper and lower houses) before royal assent can be sought. The bicameral structure of parliament aims to provide for sufficient scrutiny of all proposed laws so that the most robust and appropriate final product is achieved.

Secondly,  Parliament, as an organ designed for law-making, has access to resources to properly research the need for reform and make specific recommendations for change.Organisations such as the VLRC, government departments and parliamentary committees provide access to expert knowledge to inform how the law should evolve. For example, the VLRC consulted privacy law experts as part of their 2010 investigation into Surveillance Devices in Public Places and the Victorian Parliament considered the advice of the TAC and VicRoads when reforming licensing laws for P-Platers. This is a strength because law-reform will be thorough and well-informed; new laws are therefore likely to be effective in society and achieve their purpose.

thank you

[Tobia]

hi! nervous moment during the exam and decided against evaluating with this question  how do you think this answer with fare marks wise?
 b) Discuss the law-making role of the Commonwealth Parliament. 5 marks.

 Parliament is the supreme law-making body designed for the very purpose of making legislation.
As such, it has developed a specialised process to create and consider laws.
This process is quite intricate, involving three readings, a consideration-in-detail or committee stage, and debate – all of which allow for the discussion of differing perspectives. Both the Victorian and Commonwealth parliament require that this process occur twice (once in both the upper and lower houses) before royal assent can be sought. The bicameral structure of parliament aims to provide for sufficient scrutiny of all proposed laws so that the most robust and appropriate final product is achieved.

Secondly,  Parliament, as an organ designed for law-making, has access to resources to properly research the need for reform and make specific recommendations for change.Organisations such as the VLRC, government departments and parliamentary committees provide access to expert knowledge to inform how the law should evolve. For example, the VLRC consulted privacy law experts as part of their 2010 investigation into Surveillance Devices in Public Places and the Victorian Parliament considered the advice of the TAC and VicRoads when reforming licensing laws for P-Platers. This is a strength because law-reform will be thorough and well-informed; new laws are therefore likely to be effective in society and achieve their purpose.

thank you

Sounds like a good answer!! I did the same thing and talked about VLRC but it asked for Commonwealth! Don't know if they will give marks for that

[Glasses]

hi! nervous moment during the exam and decided against evaluating with this question  how do you think this answer with fare marks wise?
 b) Discuss the law-making role of the Commonwealth Parliament. 5 marks.

 Parliament is the supreme law-making body designed for the very purpose of making legislation.
As such, it has developed a specialised process to create and consider laws.
This process is quite intricate, involving three readings, a consideration-in-detail or committee stage, and debate – all of which allow for the discussion of differing perspectives. Both the Victorian and Commonwealth parliament require that this process occur twice (once in both the upper and lower houses) before royal assent can be sought. The bicameral structure of parliament aims to provide for sufficient scrutiny of all proposed laws so that the most robust and appropriate final product is achieved.

Secondly,  Parliament, as an organ designed for law-making, has access to resources to properly research the need for reform and make specific recommendations for change.Organisations such as the VLRC, government departments and parliamentary committees provide access to expert knowledge to inform how the law should evolve. For example, the VLRC consulted privacy law experts as part of their 2010 investigation into Surveillance Devices in Public Places and the Victorian Parliament considered the advice of the TAC and VicRoads when reforming licensing laws for P-Platers. This is a strength because law-reform will be thorough and well-informed; new laws are therefore likely to be effective in society and achieve their purpose.

thank you

Sounds like a good answer!! I did the same thing and talked about VLRC but it asked for Commonwealth! Don't know if they will give marks for that

So the first thing I want to say is that it seems a large number of people in the state took this explanation-based approach, rather than an evaluative one; so even if you didn't get a great mark for this question, don't stress too much, because you'll in the same boat as heaps of people (so it'll probably balance out a bit).

Your answer shows a good understanding of the role of Parliament in law-making, and the way you've presented your answer suggests that the things you've said are strengths of Parliament. However, due to:
a) The absence of weaknesses, and
b) The use of the VLRC as an example (since the question specifically referred to 'Commonwealth Parliament'
You may lose some marks. So ultimately, I'd say you'll be looking at a 2-3/5 for this question (more likely a 3 than a 2 in my opinion). But like I said, the average for this question will probably be quite low, so don't let it get to you too much!

[SexGodDosia]

For the, Court vs criminal juries,

If you mentioned Balance of probability vs Beyond reasonable doubt (Did weaknesses of civil, strengths of Criminal and weaknesses of crim)
and criminal juries are mandatory for indictable offences where as civil is chosen by the parties whether they have it or not
and explained it in depth

*Also mentioned how they need to see the case and take in facts

How many marks? (Missed out on jury number)


Also for 9B, If you did explain

Mentioned HOR makes laws for the People/ majority and can delegate law making powers to subordinate authorities (provided eg) as well
as has access to the ALRC

then went to the senate and said Equal rep makes laws for the state as 12 from each state and 2 from each terriotry

then also said their job as a collective is to ensure one house does not push through a radical law and acts as checks and balances etc.

Summed everything up well and in detail
However failed to mention a weakness

How many marks?

[Glasses]

For the, Court vs criminal juries,

If you mentioned Balance of probability vs Beyond reasonable doubt (Did weaknesses of civil, strengths of Criminal and weaknesses of crim)
and criminal juries are mandatory for indictable offences where as civil is chosen by the parties whether they have it or not
and explained it in depth

*Also mentioned how they need to see the case and take in facts

How many marks? (Missed out on jury number)


Also for 9B, If you did explain

Mentioned HOR makes laws for the People/ majority and can delegate law making powers to subordinate authorities (provided eg) as well
as has access to the ALRC

then went to the senate and said Equal rep makes laws for the state as 12 from each state and 2 from each terriotry

then also said their job as a collective is to ensure one house does not push through a radical law and acts as checks and balances etc.

Summed everything up well and in detail
However failed to mention a weakness

How many marks?

Jury Question:
Not having the number of jurors shouldn't be an issue, as it was a matter of comparing the ROLE of the two types of juries. That being said, no form of evaluation would've been required for this question, as it was purely a matter of comparing, not 'discussing' or 'evaluating.' Mentioning the different standards of proof is great, as long as you did this by explaining that "the role of a criminal/civil jury is to decide... in accordance with the standard of proof x or y."
Regarding the 'see the case' and 'take in facts', did you do this as a type of similarity?
It's hard to tell without reading your actual answer, and the way in which you structured it, but if your focus was on comparing the ROLES of the two, you'll probably be looking at a 3-4/5. However, if you didn't structure your answer in such a way that made it clear you were comparing the roles of the two (but instead, were evaluating or describing the nature of the juries) I'd say around a 2 or 3 (more likely a 3 than a 2).

9B:
Your answer shows a sound understanding of the nature and role of the Commonwealth Parliament, however did you make it clear you were stating that these things were 'strengths', not just facts? If you did make these strengths clear (and without weaknesses) probably a 3-4/5; but if not, probably a 3/5. Unfortunately, it's unlikely you'll be able to get full marks for this question without any weaknesses.

[SexGodDosia]

Jury Question:
Not having the number of jurors shouldn't be an issue, as it was a matter of comparing the ROLE of the two types of juries. That being said, no form of evaluation would've been required for this question, as it was purely a matter of comparing, not 'discussing' or 'evaluating.' Mentioning the different standards of proof is great, as long as you did this by explaining that "the role of a criminal/civil jury is to decide... in accordance with the standard of proof x or y."
Regarding the 'see the case' and 'take in facts', did you do this as a type of similarity?
It's hard to tell without reading your actual answer, and the way in which you structured it, but if your focus was on comparing the ROLES of the two, you'll probably be looking at a 3-4/5. However, if you didn't structure your answer in such a way that made it clear you were comparing the roles of the two (but instead, were evaluating or describing the nature of the juries) I'd say around a 2 or 3 (more likely a 3 than a 2).

9B:
Your answer shows a sound understanding of the nature and role of the Commonwealth Parliament, however did you make it clear you were stating that these things were 'strengths', not just facts? If you did make these strengths clear (and without weaknesses) probably a 3-4/5; but if not, probably a 3/5. Unfortunately, it's unlikely you'll be able to get full marks for this question without any weaknesses.

Didn't make it fully clear unfortunetly  so i guess a 3 for parliament, and on the jury one i focused on comparing the roles with just the addition
of the ones mandatory ones not at the end which was lucky

Thanks for your help, puts my mind at ease

[carlton_99]

Hello, sorry to do this again!

But I was also worried with three other questions!!
1. The comparison between civil and criminal jury? I said for the first similarity that they both take an objective view of the facts of the case and come together to form an unbiased verdict. Difference being criminal has a mandatory jury of 12, whilst civil and an optional jury of six. My second similarity was the fact that for the jury to find the verdict the case has to be proved to a particular standard of proof. With the difference being the fact that the criminal cases have to prove the defendant guilty beyond reasonable doubt in the mind of the jury, whilst in civil it is on the balance of probabilities and what case the jury thinks is more probable.

2. With the 2 marker regarding the purpose of bail I said the main purpose was to uphold the presumption of innocence and then spoke about that in detail. But the question said to relate it to the case so i talked about why Sam would most likely be denied bail due to his drug trafficking offenses and previous charges. Is that an answer worthy of full marks?

3. With the 10 marker I spoke about 2 strengths of the adversary system correlated with two weaknesses plus and extra two strengths about the doctrine of precedent/appeals that allows for dispute resolution in the courts to occur efficiently. Is this enough to get a high mark. I also included the statement of contention that said that although the do aid in resolving disputes, they may sometimes be ineffective and as well as this a conclusion as well.

Thanks!!

[Glasses]

Hello, sorry to do this again!

But I was also worried with three other questions!!
1. The comparison between civil and criminal jury? I said for the first similarity that they both take an objective view of the facts of the case and come together to form an unbiased verdict. Difference being criminal has a mandatory jury of 12, whilst civil and an optional jury of six. My second similarity was the fact that for the jury to find the verdict the case has to be proved to a particular standard of proof. With the difference being the fact that the criminal cases have to prove the defendant guilty beyond reasonable doubt in the mind of the jury, whilst in civil it is on the balance of probabilities and what case the jury thinks is more probable.

2. With the 2 marker regarding the purpose of bail I said the main purpose was to uphold the presumption of innocence and then spoke about that in detail. But the question said to relate it to the case so i talked about why Sam would most likely be denied bail due to his drug trafficking offenses and previous charges. Is that an answer worthy of full marks?

3. With the 10 marker I spoke about 2 strengths of the adversary system correlated with two weaknesses plus and extra two strengths about the doctrine of precedent/appeals that allows for dispute resolution in the courts to occur efficiently. Is this enough to get a high mark. I also included the statement of contention that said that although the do aid in resolving disputes, they may sometimes be ineffective and as well as this a conclusion as well.

Thanks!!

Ok so...

Jury Question:
That seems pretty good. The standard of proof discussion is great, as long as you made it clear that it was the jury's role to make a decision, based on these (as was the focus of the question). I personally don't see how discussing the number of jurors on each type of jury will be of great value in the eyes of the assessors, for this particular question, so I don't know whether this point will get you any marks. Other than that, your similarities seem pretty good, and your point(s) regarding the standards of proof should be good. That being said, probably 4/5.

Bail Question:
It will really come down to how the assessors go about marking this question. I don't know if explaining the likelihood of Sam being released on bail would be what the assessors were looking for - as this is dependent on many factors. You should get at least one mark for your explanation of one of the purposes of bail, however I'm not really sure whether your reference to the case study is enough to get full marks, because I'm not sure whether that reference is what they'll be after.

10 Marker:
That all seems fine. You don't need a certain number of 'points' when it comes to the 10 marker, as it comes down to the overall quality of your response. The only concern that I have is that you didn't have any weaknesses of the doctrine of precedent. This might have been necessary so that you can show a 'balanced' evaluation of both the adversary system AND the doctrine of precedent - so depending on how this question is marked, you might not be able to get full marks. Nevertheless, I don't see why you wouldn't be able to get a 'high' mark; so maybe 7-9/10 (I'd guess an 8 ).

[als0004]

can you guys tell me if I'm on the right path :p

a) Describe one purpose of damages. 2 marks
I said that one purpose is to allow a party to prepare for their case, and I linked that to how the Sam and his lawyer were talking about how to approach their case

5. Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures. 4 marks.
I said one difference was that civil aimed to encourage an out of court settlement, whereas criminal aimed to check if there is sufficient evidence to proceed to trial. I than just came up with a weird one not sure how assessors will take it but I talked about how civil aimed to go through alternative pathways to resolve the dispute in an amicable way, whereas criminal was to prepare the parties fro trial by seeing the case against them

 Compare the role of a criminal jury with that of a civil jury 5 marks
one similarity is that they both listen to evidence objectively, they both made a decision on the case (which I then went into detail regarding standard of proof) and another similarity is that both follow instructions from the judge regarding what to take in i.e. admissible evidence and how to behave

8. Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law. 5 marks.
I described section 109 in detail, then I said it can only be enforced through the high court, therefore state law and commonwealth law can conflict until it is challenged in the HC

Discuss the law-making role of the Commonwealth Parliament. 5 marks
in this question, I just talked about laws in future (protect the community from future problems, used carbon tax example, however cant forsee everything) makes law quickly (can respond to issues quickly i.e. Kevin Rudd economic pack, however cannot always respond as not sitting i.e. 72 days in 2014)

Evaluate the extent to which the Commonwealth Constitution protects the rights of Australians through implied rights. 6 marks.
I said I agreed moderately but it required the HC
>HC  can imply rights in resolving dispute i.e. ACT v Commonwealth, however can only imply rights on wording
>implied rights can only by enforced through HC (invalidating legislation that infringes rights), however costly and time consuming

I know this is an extensive list, but these questions I'm sort of worried about
 

[Glasses]

can you guys tell me if I'm on the right path :p

a) Describe one purpose of damages. 2 marks
I said that one purpose is to allow a party to prepare for their case, and I linked that to how the Sam and his lawyer were talking about how to approach their case

5. Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures. 4 marks.
I said one difference was that civil aimed to encourage an out of court settlement, whereas criminal aimed to check if there is sufficient evidence to proceed to trial. I than just came up with a weird one not sure how assessors will take it but I talked about how civil aimed to go through alternative pathways to resolve the dispute in an amicable way, whereas criminal was to prepare the parties fro trial by seeing the case against them

 Compare the role of a criminal jury with that of a civil jury 5 marks
one similarity is that they both listen to evidence objectively, they both made a decision on the case (which I then went into detail regarding standard of proof) and another similarity is that both follow instructions from the judge regarding what to take in i.e. admissible evidence and how to behave

8. Why is it possible for a Victorian law to be in conflict with an existing Commonwealth law? In your answer, describe the impact that section 109 of the Commonwealth Constitution could have on a Victorian law. 5 marks.
I described section 109 in detail, then I said it can only be enforced through the high court, therefore state law and commonwealth law can conflict until it is challenged in the HC

Discuss the law-making role of the Commonwealth Parliament. 5 marks
in this question, I just talked about laws in future (protect the community from future problems, used carbon tax example, however cant forsee everything) makes law quickly (can respond to issues quickly i.e. Kevin Rudd economic pack, however cannot always respond as not sitting i.e. 72 days in 2014)

Evaluate the extent to which the Commonwealth Constitution protects the rights of Australians through implied rights. 6 marks.
I said I agreed moderately but it required the HC
>HC  can imply rights in resolving dispute i.e. ACT v Commonwealth, however can only imply rights on wording
>implied rights can only by enforced through HC (invalidating legislation that infringes rights), however costly and time consuming

I know this is an extensive list, but these questions I'm sort of worried about

For the damages question:
I think you meant this answer for the Bail question? Assuming you were referring to the purpose of Bail question, that's great and should be 2 marks. If you did write this for the damages question, it would be 0/2 (but I assume that's just a typo)

Differences between purposes of civil and criminal pre-trial procedures:
Your first point seems fine. However, I don't think your second point will get any marks, primarily because both civil and criminal pre-trial procedures aim to inform the parties of the case against them (e.g. - Committal hearings and discovery/pleadings). So I'd say 2/4 for this question.

Comparing role of civil and criminal juries:
That all seems pretty good, and I'm assuming you used the standards of proof as a difference? On that note, it's probably important that you specified that the difference is that the ROLE of a civil jury is to decide... in accordance with... x standard of proof, whilst the ROLE of a criminal jury is to decide... in accordance with...
My only concern with this question is that you only had one difference, as the assessors might have preferred more than one difference. So maybe 3-4/5 for this question (probably a 4, I'd say a 3 if your explanation of the standards of proof wasn't clear).

Conflicting laws question:
That is all really good - however, did you mention the term and explain 'concurrent law-making powers' at any point? Assuming you did, I don't see why you couldn't get 5/5 for this question; although if you didn't (since 'concurrent law-making power' is a key phrase) maybe a 4/5.

Discuss law-making role of Commonwealth Parliament:
That all seems pretty good, I don't know a great deal about the Carbon Tax example so I won't comment on that, but that seems sound. 4-5/5 for this one. (I've said 4 just because this question might be globally marked, but I'd say 5 is more likely).

Implied rights question:
That seems pretty good; but my only concern is that you said implied rights protect the rights of Australians to a moderate extent, but only had one strength of these (or have I misread your answer?). So probably a 4/6.

[als0004]

> Yeah sorry about the first one, I mixed that up, I wrote that for the bail one.

> yeah, I talked about the difference in standard of proof in quite a detail. I talked about how its beyond all reasonable doubt in criminal, which is 11/12 in most cases, however a unanimous agreement is required for most serious (then civil on the balance of probabilities ect.)

>yeah I referred back to concurrent powers in my answer, in fact my closing sentence was ' overall, the state law can conflict with commonwealth law in areas of concurrent power until it is challenged by the Cwealth in he high court

> for the implied rights question, i had 2x strength and weaknesses,
- strength: can imply rights in resolving dispute i.e. ACT case, weakness: only based on text
-strength:plaintiffs who think there right has been infringed can take their case to the HC who can invalidate legislation, however this is costly and time-consuming, in addition to requiring a standing

[scandin9]

What did everyone answer for this question: Explain the differences between the purposes of civil pre-trial procedures and criminal pre-trial procedures?